The European Pillar of Social Rights
What is the role of the Pillar in protecting and reinforcing Social Rights?
Start
What is this policy pill about?
'This Policy Pill focuses on the European Pillar of Social Rights and its role in the protection of Social Rights. It discusses the history of the Pillar, how Social Rights are protected in the EU and what the scope of the Pillar is.
Index
History of the Pillar
Protection of Social Rights
Overview of the Pillar and its 20 principles, divided into 3 chapters
Scope of the Pillar
Chapter 1: History of the Pillar
How was the Pillar created?
A brief overview of how and when the Pillar came to be and how it evolved since its inception.
History
Why was the Pillar created?
Given the context in which the Pillar was created, what purpose does it serve and how can it drive the EU's policy-making process?
Overview of the Pillar and its 20 principles, divided into 3 chapters
Objectives
1.1 Timeline of the Pillar
2018
2015-2016
2025-...
Commission introduces the new Social Scoreboard
New Action Plan on the Implementation of the Pillar
Juncker Commission drafts the Pillar
2017
2021
Porto Summit
Official declaration of the Pillar
1.2 Why was the Pillar created?
To fully understand what lead to the Pillar's introduction by the Juncker Commission, we need to look at a pivotal moment in the EU's history: the financial crisis of 2008. Several measures were introduced in the chaotic years that followed it, to deal with the effects the crisis had on national economies. The Barroso Commission, predecessor to the Juncker Commission, relied heavily on austerity to "solve" the crisis and its effects. Whether these austerity measures contributed in any way to mitigating the effects of the crisis or rather worsened them for the poorest people in society, shall not be discussed in this Policy Pill. However, it is clear beyond a doubt that these measures greatly weakened and neglected the importance of the EU's Social Dimension.
The Juncker Commission thus introduced the Pillar as a way to re-emphasize the importance of this Social Dimension, both as a policy priority and as a fundamental aspect of the Union itself. The Pillar is, above all else, meant to promote social rights in both EU and national policies. It is supposed to show the way towards a European Union that is "fair, inclusive and full of opportunity". It serves as a compass, not as the implementing tool itself. It therefore needs other instruments to carry out its goals of reinforcing the European welfare concept.
Personal stories about the Pillar:
- Equal opportunities
- Fair working conditions
- Social protection and inclusion
1.2 Why was the Pillar created: Objectives
This is why the new Action Plan on the Implementation of the European Pillar of Social Rights needs to continue to have the promotion of social rights as its primary goal. The Pillar will continue to be a guiding compass for EU social policy at large, including its transversal aspects like competitiveness measures. A key aspect of the EU's competitive advantage is its social dimension, which ensures that all can benefit from the resulting prosperity in a fair and inclusive way. To ensure that this compass continues to point in this fair and inclusive direction, advocacy efforts are needed both for the Pillar and for its new Action Plan.
The Pillar consists of 20 principles, divided in 3 chapters, namely: Equal opportunities and access to the labour market; Fair working conditions; and Social protection and inclusion Taking into account the multitude of crises the EU and its Member States are currently faced with, the role of the Pillar as a compass towards a better future has only increased in importance. The 2021 Action Plan reemphasised the EU's commitment to fostering a fair, resilient and prosperous society for all people across the EU through the Pillar. However, the dominant approach to realize this type of welfare society is still a labour market approach in the EU. Given the Commission's fixation on increasing the EU's competitiveness, it is unlikely that this approach will change any time soon.
For more information on the Pillar, please click the button below.
For a closer look at the 20 principles of the Pillar, skip ahead.
+ info
Principles
Chapter 2:
Protection of Social Rights in the EU
Key differences exist between Social Rights and other Fundamental rights, which impacts their protection as well.
EPSR
Enforcement
Rights
The Pillar was created to support the social dimension of the European Union. How does it help protect Social Rights?
In order for Social Rights to make a difference, people need to be able to rely on them. How can they be enforced?
Social Rights are also known as "second-generation" rights. What are the differences with other generations of rights?
2.1
Fundamental Rights
Fundamental rights are the result of many historical and societal evolutions. Different "generations" of fundamental rights have been developed as a result, each with their own specificities and focus.
2.1
Fundamental Rights in the EU
Fundamental rights are a key part of the European Union's identity. Article 2 of the Treaty on the European Union states that the European Union "is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities". The concept of fundamental rights covers many different categories and types of rights. They can be of a civic, political, economic or social nature. They can be personal or collective. They can oblige states to undertake positive or negative action. As such, it can be useful to distinguish the different "generations" of fundamental rights and highlight the differences.
First generation vs. second generation
Third generation rights
2.2
Enforcement of Social Rights
What tools are available to the EU to enforce social rights?
Economic
Judicial
2.2.1
Enforcement through the judiciary
Enforcing rights through court actions is an inherent part of the Rule of Law. If rights are provided to individuals, they should be able to exercise those rights and fight unjustified restrictions on those rights. However, judicial enforcement of social rights is often more difficult than those of first-generation fundamental rights. As their guarantees are less concrete and more of a programmatory nature, decisions on these rights can often come close to policy decisions. This makes it so that judges are often hesitant in their judgements, not wanting to overstep the boundaries set by the separation of powers.
Example of difference in enforcement
2.2.1 Enforcement through the judiciary: main sources of social rights
European Social Charter
Case law of the Court of Justice and other Courts
National Constitutions
European Convention on Human Rights
Charter of Fundamental Rights of the EU
2.2.2
Enforcement through economic monitoring
The EU has several ways in which it can monitor Member States' economic and social policies. The European Semester in particular, provides a socio-economic governance framework to help Member States achieve the priorities set out by the Commission. However, the different monitoring tools included in that framework vary as to the extent to which they take (the impact of policies) on fundamental rights into account. Moreover, for some of these tools, the enforcement mechanism is restricted to Eurozone Members. As such, their effectiveness in protecting social rights can be severly hampered. This is why advocacy efforts are needed to strenghten the social dimension in these tools. Some progress has been made in including social aspects in (e.g.) the European Semester. Yet continued effort is needed, especially in light of the Commission's prioritisation of competitiveness and defence, to the detriment of social advancement and improvement.
2.2.2 European Semester
The European Semester is the core of the EU's socio-economic governance structure. It seeks to coordinate the various economic and social policies of the Member States and to align them with EU rules and priorities.
The European Semester process takes the form of a yearly cycle, with various points of interaction between the EU Institutions and the Member State governments. These interaction points also provide possibilities for advocacy efforts at both the national and EU level. Click the button below to get an overview of the most relevant parts of the yearly cycle:
socio-
economic
The European Semester cycle
governance
2.2.2
Winter
Autumn
The European Semester Cycle
Start of the annual cycle
SOLIDAR's advocacy on the Semester
Summer
Spring
2.3
The Pillar and social rights protection
The Pillar is a non-binding, non-legal instrument meant to guide policy. The question thus rises how it can contribute to the enforcement of social rights, as it cannot offer the "hard" protection of a law or treaty nor can it impose economic sanctions like fines or depositions. However, this does not mean that the Pillar does not contribute to the protection of social rights in the EU. As a non-binding instrument, it offers flexibility. As a tool for policy guidance, it shows the way to a stronger Social Europe. The Pillar crystalises the EU's commitment to one of the fundamental and foundational aspects of the EU and as such, it serves a multitude of functions.
2.3 How the Pillar helps protect social rights
The Pillar does not impose binding obligations on Member States, but it does contribute to the protection of Social Rights in the EU in three different ways.
Interpret
Identify
Complement
Whilst the Pillar's principles do not establish social rights, they can help deepen the understanding of the precise content of those rights.
The various principles set out in the Pillar can be particularly helpful in identifying the need for new legislative proposals to realise these principles
The Pillar plays a key supporting role to the Economic and Monetary Union, as it is meant to complement and reinforce it.
Chapter 3:
The Social Rights in the Pillar
After obtaining a good understanding of social rights, how they are protected in the EU and what role the Pillar plays in the protection mechanisms, it is time to look at what and who the Pillar addresses.
3.1
Social Rights in the Pillar
(return to "Why the Pillar was created")
The Pillar divides its principles into three chapters:
Fair Working Conditions
Social Protection and Inclusion
Equal opportunities and access to the labour market
3.2
Addressees of the Pillar
The Pillar addresses the whole of the EU, yet does not specify what this exactly means. Additionally, it also does not exclude any category of people from its scope, leaving its scope ambiguous.
Third Country Nationals moving between Member States
Third Country-Nationals
EU Citizens
Of all the possible addressees of the Pillar, EU citizens are the most straightforward group of addressees
Two categories of migrants should be distinguished, as their legal situation is different under current EU legislation
Third Country Nationals moving from a third state to an EU Member State
3.2.1
Third-Country Nationals moving between Member States
In official communications, publications and presentations on the European Pillar of Social Rights, the goal of the Pillar has always been clearly stated to be to improve the social conditions in the European Union as a whole. It would therefore only be logical to assume that this means that Third-Country Nationals (TCNs) are also included in the scope of the Pillar, if they work and/or reside in Europe. They form an essential contribution to both EU society and to the EU economy. Moreover, migrants face particular barriers in accessing social rights due to EU and MS migration and asylum policies, which could be addressed through by implementing the Pillar in these policy fields. Yet curiously and worryingly, the Pillar barely mentions migrants, despite these barriers. However, this absence also means that they are not expressly excluded from the Pillar's scope.
Of the two categories of migrant workers, TCNs who are already residing in an EU Member State seem like an evident inclusion in the personal scope of the Pillar. They have been a part of the European labour market, they have contributed to it both financially and through labour and they will continue to do so in a different Member State. Moreover, they already enjoy a more favourable position in EU social security coordination rules compared to other migrants. Implementing Regulations offer them the same protection as EU citizens when moving between Member States. Most of the principles in the third chapter of the Pillar reference social security benefits protected by these Implementing Regulations. As such, it is unclear why they should not also benefit from the measures introduced to implement the EPSR.
3.2.1
Third-Country Nationals moving to the European Union
TCNs coming from third countries should thus also be included in the implementing measures of the Pillar, if the EU and Member States want to be consistent. The Pillar serves to guide towards a better future for all and this needs to include migrant workers of all types. For a deeper exploration of this topic, please find our Expert Paper on Migrants' Labour Rights by clicking the associated button.
Third-Country Nationals (TCNs) who move to the EU as migrant workers should also be included within the personal scope of measures implementing the Pillar. Several options exist at both the EU level and at national level that allow for labour migration. Whilst there are still structural issues with the (levels of) protection provided by these instruments, it is clear that they depart from the idea that migrant workers should be protected. This idea is prevalent in both national and EU legislation regulating the social protection of TCNs coming from third countries. For a brief explanation of the relevant regulatory frameworks at both EU and national level, click the button "Social Protection of TCNs".
Expert Paper on Migrants' Rights
Social protection of TCNs
Course completed!
- Education, training and life-long learning
- Gender equality
- Equal opportunties
- Active support to employment
Key EU actions
- January-February:
- Council adopts conclusions on the Annual Sustainable Growth Strategy and Alert Mechanism Report and sends these to the European Council
- March:
- Council adopts the Joint Employment Report
- European Parliament discusses the Annual Sustainable Growth Survey and can publish an own initiative report
Governance through the European Semester
Macro-economic Imbalances Procedure
The Semester is meant first and foremost as a coordination tool for national budgetary policies. It is used to provide guidance to the Member States on how to align their policies with the EU priorities. However, this alignment can also be enforced if the need arises. This enforcement does not take the form of a judicial decision that annuls a law or government decision. Instead, it relies on budgetary (dis)incentives.
The Macro-economic Imbalances Procedure has as its main goal the identifying, preventing and the addressing the emergence of potentially harmful macroeconomic imbalances for either the individual Member State, the Eurozone, or the EU as a whole. These imbalances are identified in the Alert Mechanism Report through an analysis of the Scoreboard indicicators, which includes social aspects like housing and unemployment. If a country is found to have excessive imbalances, it will be subjected to enhanced monitoring in the form of the Excessive Imbalances Procedure.
Alert Mechanism Report
Excessive Deficit Procedure
- Ensures that government debt of Member States remains below certain thresholds.
- Can use enforcement tools from the larger EMU economic governance framework to impose fines.
- Reviews macroeconomic developments in individual Member States.
- Can lead to sanctions if the Commission deems the risk of macro-economic imbalances too high.
Macro-Economic Imbalances Procedure
Excessive Imbalances Procedure
Chapter 1: Equal opportunities and access to the labour market
Chapter 2: Fair working conditions
Chapter 1: Equal opportunities and access to the labour market
The Charter of Fundamental Rights of the European Union
The CFREU was adopted on 7 December 2000, but only obtained binding legal status on 1 December 2009, with the entry into force of the Treaty of Lisbon. It has since also been recognized as one of the constitutional treaties of the EU (alongside the Treaty on the European Union and the Treaty on the Functioning of the European Union). This status means that the rights it provides need to be taken into account and respected by both the European Institutions and the Member States (when they are implementing EU law). Non-compliant legislation can be invalidated by the Court of Justice.
- Legally binding provisions
- Competent Court: Court of Justice
- Applies to EU and Member States
- Contains various social rights in various chapters
Complementing the EMU
The Pillar plays a key role in several aspects of the Economic and Monetary Union. It guides the social priorities of the EU and thus affects the European Semester, which seeks to coordinate i.a. social policies and social expenditures. The Pillar is thus a form of 'soft convergence', next to harder forms like the economic governance tools. Its principles need to be implemented by the Member States, to guarantee a better and fairer future. The Pillar also forces the Commission to honour its commitment to the social dimension of the European Union. It should push the Commission to not just focus on the economic, but give as much importance to the social impact of measures and expenditures. It also complements the EMU in the monitoring aspect of economic governance. The Social Scoreboard is based on the three chapters of the Pillar and its principles. The indicators used by the Social Scoreboard reflect the content of these principles and are thus able to show when and where the Pillar is not succesfully implemented.
Another Social Summit took place on 7 May 2021 in Porto, Portugal. Whilst the general focus of social summits is to strenghten the EU's social dimension, this Summit had a particular focus on the Pillar. This is perhaps best illustrated by the fact that the von der Leyen-1 Commission used it to announce its 2021 Action Plan on the Implementation of the Pillar.
Key EU actions
- November: Commission presents the Autumn Package:
- Sets out general social and economic priorities and provides Member States with Policy guidance.
- Usually includes (among others):
Annual Sustainable Growth Survey
Alert Mechanism Report of the Macro-Economic Imbalances Procedure
Proposal for Joint Employment Report
- More info is available on the official Commission page of the European Semester
Chapter 3: Social protection and inclusion
The Pringle-case
C‑370/12 Pringle v Government of Ireland
In this case, an Irish Member of Parliament sought to annul the ESM Treaty was inconsistent with the provisions of the European Treaties. The Court of Justice ruled that it was not, as the ESM Treaty was not a form of the Member States implementing EU law. It merely makes use of the EU Institutions. However, the activities of the EU Institutions within the ESM framework do still need to be consistent with EU law, including the Charter of Fundamental rights of the EU
This could link to the court's judgement, but might not be interesting for Members
- Political and civil rights
- Negative rights: oblige the state to refrain from undertaking certain actions.
- Examples of rights: freedom of speech, right to privacy, right to property
- These are relatively easy to enforce, as actions by the state or other citizens that limit these rights can give rise to legal claims.
First generation
- Social and economic rights
- Positive rights: oblige the state to undertake action to realise certain goals.
- Examples of rights: right to housing, right to social security, right to healthcare
- These are more difficult to enforce, due to their programmatory nature and thus do not give rise to concrete legal claims.
Second generation
VS
In 2018, the Commission officially announced that it would be using the European Semester to monitor the implementation of the Pillar. The Social Scoreboard is part of this monitoring effort and focuses on the employment and social performance of the Member States, along the three chapter of the Pillar.
Chapter 2: Fair working conditions
Key EU actions
- April
- Member States submit their medium-term fiscal structural plans (or the related annual progress reports)
- These reports outline (net) public expenditure for several years and thus determine national debt levels
- They thus also detail the reforms and public investments the Member States plan to make in this period
- May
- Commission publishes the Spring Package
- This includes:
- Country Reports
- Country-specific Recommendations
- Childcare and support to children
- Social protection
- Unemployment benefits
- Minimum income
- Old age income and pensions
- Health care
- Inclusion of people with disabilities
- Long-term care
- Housing and assistance for the homeless
- Access to essential services
- 11.
- 12.
- 13.
- 14.
- 15.
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- 17.
- 18.
- 19.
- 20.
The European Convention on Human Rights
The ECHR was established by the Council of Europe in 1950 and entered into force on 3 September 1953. As it is technically a Treaty by the Council of Europe, it operates outside the EU framework and its membership includes non-EU Member states. Furthermore, many of its provisions served to inspire the provisions of the CFREU. The ECHR mainly covers civil and political rights and only indirectly protects social rights. If a State Party ratified the ECHR, it is legally bound by its provisions. Thus, if a State Party is found to be in violation of these provisions, the European Court of Human Rights will render a judgement and oblige them to remedy the situation, e.g. through financial compensation to individuals affected.
- Legally binding provisions
- Competent court: European Court of Human Rights
- Applies to all EU Member States, as all are Party to the ECHR
- No specific Social Rights, but covers social issues indirectly through its provisions
Case law of national and European High Courts
As stated before, the judiciary plays a key role in enforcing and protecting social rights. They interpret the various (inter)national instruments that enshrine the fundamental social rights. It is, however, important to note that a court's ruling is in principle limited to a single and specific case. Explaining the effect of case law in EU and Member State legal systems is outside the scope of this Policy Pill. Suffice to say that, whilst there is legally speaking no rule of binding precedents in EU law, there is a de facto binding force of preceding judgements, as they show the court has ruled and interpreted the social rights and their scope in the circumstances and conditions specific to a particular case. Whilst legislators are not bound by these interpretations, diverging legislation is not likely to survive legal review.
- Legally binding interpretations in a specific case
- Competent Court: Court in question
- Applies to parties in the case
- Concerns social rights, if the case involves social rights
Relation between the CFREU and the ECHR
Whilst the CFREU and the ECHR are two separate frameworks, they are interdependent. All EU Member States are bound by the provisions of both instruments. The EU Institutions, however, are legally speaking only bound by the provisions of the CFREU. Despite a duty to accede introduced by the Treaty of Lisbon in 2009, the EU (as an organisation) has yet to accede to the ECHR. Furthermore, whilst both instruments contain similar fundamental rights, the interpretation of these rights by their respective competent courts can differ. Article 52 (3) CFREU does state that where rights correspond to those in the ECHR, they have the same meaning and scope. Yet, the grey zone persists as the Court of Justice has declared in its case law that it is not bound by the judgements and interpretations of the European Court of Human Rights. Nevertheless, as a sort of ad hoc solution, the CJEU usually conforms its interpretation to those of the European Court of Human Rights.
Chapter 1: Equal opportunities and access to the labour market
EU citizens and the Pillar
No debate exists as to whether EU citizens are included in the personal scope of application of the Pillar. As a social compass for EU social policy, they are the logical and evident target group of the measures and improvements the Pillar seeks to bring about. It is important to remember, however, that EU citizens cannot rely on the principles of the Pillar to judicially enforce their social rights. This a key difference with the fundamental rights treaties and conventions.
EU citizenship
It is also possible for a Member State to have concluded bilateral agreements with third countries. The specific level of social protection then depends on the contents of this specific agreement. Whilst these agreements do not qualify as Member States implementing EU law, they are still affected by the social policy of a Member State and can thus be guided by the principles of the Pillar.
National labour migration instruments
EU level labour migration
The EU framework for labour migrants coming from a third country is a patchwork of different Directives that offer various degrees of social protection to TCNs. It includes:
- The Single Permit Directive
- The Blue Card Directive
- The Seasonal Workers Directive
- International agreements between the EU and third countries
- and many others
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Identification
It is key to keep in in mind that the Pillar does not set out to create new social rights. It seeks to promote existing social rights and to support their recognition. It cannot be used as a substitute to Treaties and other tools establishing social rights. However, the Pillar plays a key role in the identification of new legislative initiatives that are needed for the effective realisation of social rights. Through the Social Scoreboard, social deficiencies and issues can become apparent. The Pillar is the guiding compass for what the solutions to these issues and deficiencies should look like. As such, the Pillar also helps identify the exact form of these solutions. It can help decide when a Directive is needed and when a Council Recommendation suffices. The Minimum Wage Directive, for example, expressly cites principles 6 and 8 of the Pillar in its Preambule.
In its 2025 Work Programme, the Commission announced a new Action Plan on the Implementation of the Pillar, which originally saw the publication of the new Action Plan by the end of 2025. This has, however, not happened. SOLIDAR will closely monitor the development of this Action plan and analyse its contents once it is published.
Chapter 1: Equal opportunities and access to the labour market
Key EU actions
- June:
- start of multilateral budgetary surveillance after the publication of the Spring Package by the Commission --> involves discussions between all Member States and the Commission
- The results of these discussions will be taken into account by the Council of the EU to take position on the final version of the Country-Specific Recommendations
- These are then discussed and adopted by the European Council
- Until start of the next cycle:
- Member States start drawing up the national budgetary plans for the following year
National Constitutions
From an EU law-perspective, national constitutions are arguably the most important source of social rights, as they were the "inspiration" for the provisions of the various Treaties and Charters. The various social rights common to the Member States formed the blueprints of their international counterparts. Many national constitutions contain a separate chapter dedicated to the various rights and obligations the citizens of a Member State have. Whilst differences are possible in formulation and interpretation, many constitutions offer similar selections of fundamental social rights, as these are viewed as essential parts of the European DNA.
- Legally binding provisions
- Competent Court: National Supreme Court
- Applies to Member State concerned
- Social rights are part of the fundamental rights included in the constitution
On 17 November 2017, the European Parliament, the Council and the Commission all approved the Pillar proposal at the Gothenburg Social Summit, after which it was also approved by the European Council in December 2021.
The Economic Semester
Whilst an in-depth discussion of the Eurozone is far beyond the scope of this Policy Pill, it is worth briefly highlighting how it fits into the bigger picture of economic governance. Eurozone Member States have additional reporting obligations and receive additional recommendations as a part of the Semester. Additionally, the Excessive Deficit Procedure can impose more strict sanctions under the so-called Two Pack and Six Pack Regulations. Eurozone countries also need to take other forms of economic governance into account, like the European Stability Mechanism.
Whilst the European Semester is the core of the economic governance framework of the EU, this framework is much broader than just the Semester. Economic governance is one of the pillars of the Economic and Monetary Union (EMU). The EMU also includes the measures that are part of the Stability and Growth Pact, which has both a 'preventive' and a 'corrective' arm. Various parts of the preventive arm also feature in the European Semester Cycle, like the national medium-term fiscal-structural plans. The main tool of the corrective arm is the Excessive Deficit Procedure, which can eventually lead to sanctions in the form of fines.
The Economic and Monetary Union
The Excessive Deficit Procedure
For a more detailed explanation of the Pillar, how it has been implemented so far and how it can be improved, we recommend the following sources:
- The Social Pillar and the Future of the EU Social Agenda
- Implementing the European Pillar of Social Rights
- The 2021 Action Plan on the European Pillar of Social Rights
- The European Pillar of Social Rights: Five years on
- The Social Rights Monitor
- Secure and adaptable employment
- Wages
- Information about employment conditions and protection in case of dismissals
- Social dialogue and involvement of workers
- Work-life balance
- Healthy, safe and well-adapted work environment and data protection
5.
6.
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Role of the Pillar:
- Guiding Compass to steer policy priorities
- Base for the
- A list of statistical indicators, published by Eurostat, that monitor MS performance in employment and social policies.
- Three groups of indicators exist, that correspon with the three chapters of the Pillar.
- The Social Scoreboard can be used to identify emerging and persisting social issues, but CSOs have been calling for:
The Social Semester
Please note that the SIP has not actually been implemented. The Social Convergence Framework has been introduced instead, which is less ambitious, but similarly allows for monitoring the social progress of Member states more closely.
Social Scoreboard
The European Semester steers the direction of not just the budgetary and economic policies of the Member States, but also their social policies. Two of its key goals relate to the social dimension of the EU, namely ensuring convergence and stability in the EU on the one hand and coordinating and monitoring employment and social policies on the other hand. The coordination of Member State expenditure is meant to align this public spending with the European priorities, which includes the social dimension.
More effective list of indicators
Introduction of a Social Imbalances Procedure
Then President of the European Commission, Jean-Claude Juncker announced the Pillar for the first time in his 2015 State of the Union speech. The official announcement came on 8 March 2016, when the Commission published its Communication on the Pillar.
It is also possible for a Member State to have concluded bilateral agreements with third countries. The specific level of social protection then depends on the contents of this specific agreement. Whilst these agreements do not qualify as Member States implementing EU law, they are still affected by the social policy of a Member State and can thus be guided by the principles of the Pillar.
National labour migration instruments
EU level labour migration
The EU framework for labour migrants coming from a third country is a patchwork of different Directives that offer various degrees of social protection to TCNs. It includes:
- The Single Permit Directive
- The Blue Card Directive
- The Seasonal Workers Directive
- International agreements between the EU and third countries
- and many others
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The European Social Charter
The ESC is a Treaty under the Council of Europe framework. It was originally established in 1961, but revised in 1996 and the Revised ESC entered into force in 1999. It is meant to supplement the European Charter on Human Rights and focusses on social and economic rights Whilst the provisions of a Treaty are binding once ratified, no enforcement mechanism exists. Instead, the European Committee of Social Rights is responsible for the monitoring of State compliance with Treaty provisions. It is however possible for a complaint to be lodged against a State Party for alledged non-compliance, which will then be examined by the Committee.
- Legally binding provisions, but no enforcement
- Competent institution: European Committee of Social Rights
- Applies to all Member States of the European Union
- Is focused on Social Rights
Chapter 1: Equal opportunities and access to the labour market
Interpretation
Whilst the Pillar does not create new social rights, it plays a pivotal role in the interpretation of existing social rights. It shows the progressive direction the EU social dimension is heading in and what is needed in that future. It can thus inform advocacy actions of Civil Society Organisations. The Pillar constitutes a commitment of the Union itself, to realise a more social Europe. Policies that deviate from this goal, and especially those that go against this commitment, should be called out. Social policy is a complex and multifaceted field, where a seemingly well-intentioned measure could lead to unintended consequences. CSOs are often the first to notice these negative consequences, as they work closely with those impacted, making their insight and output on these policies invaluable. By engaging in advocacy efforts informed by the Pillar, CSOs are able to help realise the future as envisaged in the Pillar, namely, of a more Social Europe with social rights for all. Their advocacy work highlights gaps and inconsistencies in the implementation of social rights in current policies. The output generated as a result of this advocacy work can also be used to back up legal claims before the European Court of Justice and National Courts. However, the Court of Justice itself can also rely on the Pillar for inspiration on how to interpret social rights in the contemporary context.
Third generation rights
- Collective or solidarity rights
- Legally speaking, these are the most contested category of rigths, as they are not officially recognised as a separate category.
- They are not necessarily tied to the individual, instead focussing more on the community.
- Examples: right to self-determination, right to a healthy environment, right to economic and social development.
A person who finds their freedom of speech limited by (e.g.) government censorship, can go to court to fight that censorship. The judge can then declare that individual censorship decision unjustified or illegal, without affecting government policy as a whole. The state is, however, obliged to remedy the censoring, (e.g.) by lifting it.
Freedom of speech
A person who (e.g.) qualifies for social housing, yet is forced to remain on a waiting list for years due to the unavailability of (adequate) social housing, can fight this injustice in court. A judge can then declare the current social housing policy in violation of the right to housing. However, a judge cannot decide what the new policy should be or that new houses should be build.
Right to Housing
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Chapter 3: Social protection and inclusion
SOLIDAR and the Semester:
SOLIDAR on the Semester:
- SOLIDAR's advocacy on the European Semester centres around two of its key outputs, namely the Spring and Autumn Package, as well as other important developments related to the Semester.
- However, SOLIDAR also supports its Members in improving their capacity and ability to interact with the Semester, for example through the 2025 Training Academy on the European Semester.
- SOLIDAR's analysis of the 2025 Spring Package
- SOLIDAR's analysis of the 2025 Autumn Package
- 2025 Training Academy on the European Semester
- Training Academy on the European Semester Toolkit
- Education, training and life-long learning
- Gender equality
- Equal opportunties
- Active support to employment
The European Pillar of Social Rights
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Transcript
The European Pillar of Social Rights
What is the role of the Pillar in protecting and reinforcing Social Rights?
Start
What is this policy pill about?
'This Policy Pill focuses on the European Pillar of Social Rights and its role in the protection of Social Rights. It discusses the history of the Pillar, how Social Rights are protected in the EU and what the scope of the Pillar is.
Index
History of the Pillar
Protection of Social Rights
Overview of the Pillar and its 20 principles, divided into 3 chapters
Scope of the Pillar
Chapter 1: History of the Pillar
How was the Pillar created?
A brief overview of how and when the Pillar came to be and how it evolved since its inception.
History
Why was the Pillar created?
Given the context in which the Pillar was created, what purpose does it serve and how can it drive the EU's policy-making process?
Overview of the Pillar and its 20 principles, divided into 3 chapters
Objectives
1.1 Timeline of the Pillar
2018
2015-2016
2025-...
Commission introduces the new Social Scoreboard
New Action Plan on the Implementation of the Pillar
Juncker Commission drafts the Pillar
2017
2021
Porto Summit
Official declaration of the Pillar
1.2 Why was the Pillar created?
To fully understand what lead to the Pillar's introduction by the Juncker Commission, we need to look at a pivotal moment in the EU's history: the financial crisis of 2008. Several measures were introduced in the chaotic years that followed it, to deal with the effects the crisis had on national economies. The Barroso Commission, predecessor to the Juncker Commission, relied heavily on austerity to "solve" the crisis and its effects. Whether these austerity measures contributed in any way to mitigating the effects of the crisis or rather worsened them for the poorest people in society, shall not be discussed in this Policy Pill. However, it is clear beyond a doubt that these measures greatly weakened and neglected the importance of the EU's Social Dimension.
The Juncker Commission thus introduced the Pillar as a way to re-emphasize the importance of this Social Dimension, both as a policy priority and as a fundamental aspect of the Union itself. The Pillar is, above all else, meant to promote social rights in both EU and national policies. It is supposed to show the way towards a European Union that is "fair, inclusive and full of opportunity". It serves as a compass, not as the implementing tool itself. It therefore needs other instruments to carry out its goals of reinforcing the European welfare concept.
Personal stories about the Pillar:
1.2 Why was the Pillar created: Objectives
This is why the new Action Plan on the Implementation of the European Pillar of Social Rights needs to continue to have the promotion of social rights as its primary goal. The Pillar will continue to be a guiding compass for EU social policy at large, including its transversal aspects like competitiveness measures. A key aspect of the EU's competitive advantage is its social dimension, which ensures that all can benefit from the resulting prosperity in a fair and inclusive way. To ensure that this compass continues to point in this fair and inclusive direction, advocacy efforts are needed both for the Pillar and for its new Action Plan.
The Pillar consists of 20 principles, divided in 3 chapters, namely: Equal opportunities and access to the labour market; Fair working conditions; and Social protection and inclusion Taking into account the multitude of crises the EU and its Member States are currently faced with, the role of the Pillar as a compass towards a better future has only increased in importance. The 2021 Action Plan reemphasised the EU's commitment to fostering a fair, resilient and prosperous society for all people across the EU through the Pillar. However, the dominant approach to realize this type of welfare society is still a labour market approach in the EU. Given the Commission's fixation on increasing the EU's competitiveness, it is unlikely that this approach will change any time soon.
For more information on the Pillar, please click the button below.
For a closer look at the 20 principles of the Pillar, skip ahead.
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Principles
Chapter 2:
Protection of Social Rights in the EU
Key differences exist between Social Rights and other Fundamental rights, which impacts their protection as well.
EPSR
Enforcement
Rights
The Pillar was created to support the social dimension of the European Union. How does it help protect Social Rights?
In order for Social Rights to make a difference, people need to be able to rely on them. How can they be enforced?
Social Rights are also known as "second-generation" rights. What are the differences with other generations of rights?
2.1
Fundamental Rights
Fundamental rights are the result of many historical and societal evolutions. Different "generations" of fundamental rights have been developed as a result, each with their own specificities and focus.
2.1
Fundamental Rights in the EU
Fundamental rights are a key part of the European Union's identity. Article 2 of the Treaty on the European Union states that the European Union "is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities". The concept of fundamental rights covers many different categories and types of rights. They can be of a civic, political, economic or social nature. They can be personal or collective. They can oblige states to undertake positive or negative action. As such, it can be useful to distinguish the different "generations" of fundamental rights and highlight the differences.
First generation vs. second generation
Third generation rights
2.2
Enforcement of Social Rights
What tools are available to the EU to enforce social rights?
Economic
Judicial
2.2.1
Enforcement through the judiciary
Enforcing rights through court actions is an inherent part of the Rule of Law. If rights are provided to individuals, they should be able to exercise those rights and fight unjustified restrictions on those rights. However, judicial enforcement of social rights is often more difficult than those of first-generation fundamental rights. As their guarantees are less concrete and more of a programmatory nature, decisions on these rights can often come close to policy decisions. This makes it so that judges are often hesitant in their judgements, not wanting to overstep the boundaries set by the separation of powers.
Example of difference in enforcement
2.2.1 Enforcement through the judiciary: main sources of social rights
European Social Charter
Case law of the Court of Justice and other Courts
National Constitutions
European Convention on Human Rights
Charter of Fundamental Rights of the EU
2.2.2
Enforcement through economic monitoring
The EU has several ways in which it can monitor Member States' economic and social policies. The European Semester in particular, provides a socio-economic governance framework to help Member States achieve the priorities set out by the Commission. However, the different monitoring tools included in that framework vary as to the extent to which they take (the impact of policies) on fundamental rights into account. Moreover, for some of these tools, the enforcement mechanism is restricted to Eurozone Members. As such, their effectiveness in protecting social rights can be severly hampered. This is why advocacy efforts are needed to strenghten the social dimension in these tools. Some progress has been made in including social aspects in (e.g.) the European Semester. Yet continued effort is needed, especially in light of the Commission's prioritisation of competitiveness and defence, to the detriment of social advancement and improvement.
2.2.2 European Semester
The European Semester is the core of the EU's socio-economic governance structure. It seeks to coordinate the various economic and social policies of the Member States and to align them with EU rules and priorities.
The European Semester process takes the form of a yearly cycle, with various points of interaction between the EU Institutions and the Member State governments. These interaction points also provide possibilities for advocacy efforts at both the national and EU level. Click the button below to get an overview of the most relevant parts of the yearly cycle:
socio-
economic
The European Semester cycle
governance
2.2.2
Winter
Autumn
The European Semester Cycle
Start of the annual cycle
SOLIDAR's advocacy on the Semester
Summer
Spring
2.3
The Pillar and social rights protection
The Pillar is a non-binding, non-legal instrument meant to guide policy. The question thus rises how it can contribute to the enforcement of social rights, as it cannot offer the "hard" protection of a law or treaty nor can it impose economic sanctions like fines or depositions. However, this does not mean that the Pillar does not contribute to the protection of social rights in the EU. As a non-binding instrument, it offers flexibility. As a tool for policy guidance, it shows the way to a stronger Social Europe. The Pillar crystalises the EU's commitment to one of the fundamental and foundational aspects of the EU and as such, it serves a multitude of functions.
2.3 How the Pillar helps protect social rights
The Pillar does not impose binding obligations on Member States, but it does contribute to the protection of Social Rights in the EU in three different ways.
Interpret
Identify
Complement
Whilst the Pillar's principles do not establish social rights, they can help deepen the understanding of the precise content of those rights.
The various principles set out in the Pillar can be particularly helpful in identifying the need for new legislative proposals to realise these principles
The Pillar plays a key supporting role to the Economic and Monetary Union, as it is meant to complement and reinforce it.
Chapter 3:
The Social Rights in the Pillar
After obtaining a good understanding of social rights, how they are protected in the EU and what role the Pillar plays in the protection mechanisms, it is time to look at what and who the Pillar addresses.
3.1
Social Rights in the Pillar
(return to "Why the Pillar was created")
The Pillar divides its principles into three chapters:
Fair Working Conditions
Social Protection and Inclusion
Equal opportunities and access to the labour market
3.2
Addressees of the Pillar
The Pillar addresses the whole of the EU, yet does not specify what this exactly means. Additionally, it also does not exclude any category of people from its scope, leaving its scope ambiguous.
Third Country Nationals moving between Member States
Third Country-Nationals
EU Citizens
Of all the possible addressees of the Pillar, EU citizens are the most straightforward group of addressees
Two categories of migrants should be distinguished, as their legal situation is different under current EU legislation
Third Country Nationals moving from a third state to an EU Member State
3.2.1
Third-Country Nationals moving between Member States
In official communications, publications and presentations on the European Pillar of Social Rights, the goal of the Pillar has always been clearly stated to be to improve the social conditions in the European Union as a whole. It would therefore only be logical to assume that this means that Third-Country Nationals (TCNs) are also included in the scope of the Pillar, if they work and/or reside in Europe. They form an essential contribution to both EU society and to the EU economy. Moreover, migrants face particular barriers in accessing social rights due to EU and MS migration and asylum policies, which could be addressed through by implementing the Pillar in these policy fields. Yet curiously and worryingly, the Pillar barely mentions migrants, despite these barriers. However, this absence also means that they are not expressly excluded from the Pillar's scope.
Of the two categories of migrant workers, TCNs who are already residing in an EU Member State seem like an evident inclusion in the personal scope of the Pillar. They have been a part of the European labour market, they have contributed to it both financially and through labour and they will continue to do so in a different Member State. Moreover, they already enjoy a more favourable position in EU social security coordination rules compared to other migrants. Implementing Regulations offer them the same protection as EU citizens when moving between Member States. Most of the principles in the third chapter of the Pillar reference social security benefits protected by these Implementing Regulations. As such, it is unclear why they should not also benefit from the measures introduced to implement the EPSR.
3.2.1
Third-Country Nationals moving to the European Union
TCNs coming from third countries should thus also be included in the implementing measures of the Pillar, if the EU and Member States want to be consistent. The Pillar serves to guide towards a better future for all and this needs to include migrant workers of all types. For a deeper exploration of this topic, please find our Expert Paper on Migrants' Labour Rights by clicking the associated button.
Third-Country Nationals (TCNs) who move to the EU as migrant workers should also be included within the personal scope of measures implementing the Pillar. Several options exist at both the EU level and at national level that allow for labour migration. Whilst there are still structural issues with the (levels of) protection provided by these instruments, it is clear that they depart from the idea that migrant workers should be protected. This idea is prevalent in both national and EU legislation regulating the social protection of TCNs coming from third countries. For a brief explanation of the relevant regulatory frameworks at both EU and national level, click the button "Social Protection of TCNs".
Expert Paper on Migrants' Rights
Social protection of TCNs
Course completed!
Key EU actions
Governance through the European Semester
Macro-economic Imbalances Procedure
The Semester is meant first and foremost as a coordination tool for national budgetary policies. It is used to provide guidance to the Member States on how to align their policies with the EU priorities. However, this alignment can also be enforced if the need arises. This enforcement does not take the form of a judicial decision that annuls a law or government decision. Instead, it relies on budgetary (dis)incentives.
The Macro-economic Imbalances Procedure has as its main goal the identifying, preventing and the addressing the emergence of potentially harmful macroeconomic imbalances for either the individual Member State, the Eurozone, or the EU as a whole. These imbalances are identified in the Alert Mechanism Report through an analysis of the Scoreboard indicicators, which includes social aspects like housing and unemployment. If a country is found to have excessive imbalances, it will be subjected to enhanced monitoring in the form of the Excessive Imbalances Procedure.
Alert Mechanism Report
Excessive Deficit Procedure
Macro-Economic Imbalances Procedure
Excessive Imbalances Procedure
Chapter 1: Equal opportunities and access to the labour market
Chapter 2: Fair working conditions
Chapter 1: Equal opportunities and access to the labour market
The Charter of Fundamental Rights of the European Union
The CFREU was adopted on 7 December 2000, but only obtained binding legal status on 1 December 2009, with the entry into force of the Treaty of Lisbon. It has since also been recognized as one of the constitutional treaties of the EU (alongside the Treaty on the European Union and the Treaty on the Functioning of the European Union). This status means that the rights it provides need to be taken into account and respected by both the European Institutions and the Member States (when they are implementing EU law). Non-compliant legislation can be invalidated by the Court of Justice.
Complementing the EMU
The Pillar plays a key role in several aspects of the Economic and Monetary Union. It guides the social priorities of the EU and thus affects the European Semester, which seeks to coordinate i.a. social policies and social expenditures. The Pillar is thus a form of 'soft convergence', next to harder forms like the economic governance tools. Its principles need to be implemented by the Member States, to guarantee a better and fairer future. The Pillar also forces the Commission to honour its commitment to the social dimension of the European Union. It should push the Commission to not just focus on the economic, but give as much importance to the social impact of measures and expenditures. It also complements the EMU in the monitoring aspect of economic governance. The Social Scoreboard is based on the three chapters of the Pillar and its principles. The indicators used by the Social Scoreboard reflect the content of these principles and are thus able to show when and where the Pillar is not succesfully implemented.
Another Social Summit took place on 7 May 2021 in Porto, Portugal. Whilst the general focus of social summits is to strenghten the EU's social dimension, this Summit had a particular focus on the Pillar. This is perhaps best illustrated by the fact that the von der Leyen-1 Commission used it to announce its 2021 Action Plan on the Implementation of the Pillar.
Key EU actions
Annual Sustainable Growth Survey
Alert Mechanism Report of the Macro-Economic Imbalances Procedure
Proposal for Joint Employment Report
Chapter 3: Social protection and inclusion
The Pringle-case
C‑370/12 Pringle v Government of Ireland
In this case, an Irish Member of Parliament sought to annul the ESM Treaty was inconsistent with the provisions of the European Treaties. The Court of Justice ruled that it was not, as the ESM Treaty was not a form of the Member States implementing EU law. It merely makes use of the EU Institutions. However, the activities of the EU Institutions within the ESM framework do still need to be consistent with EU law, including the Charter of Fundamental rights of the EU
This could link to the court's judgement, but might not be interesting for Members
First generation
Second generation
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In 2018, the Commission officially announced that it would be using the European Semester to monitor the implementation of the Pillar. The Social Scoreboard is part of this monitoring effort and focuses on the employment and social performance of the Member States, along the three chapter of the Pillar.
Chapter 2: Fair working conditions
Key EU actions
The European Convention on Human Rights
The ECHR was established by the Council of Europe in 1950 and entered into force on 3 September 1953. As it is technically a Treaty by the Council of Europe, it operates outside the EU framework and its membership includes non-EU Member states. Furthermore, many of its provisions served to inspire the provisions of the CFREU. The ECHR mainly covers civil and political rights and only indirectly protects social rights. If a State Party ratified the ECHR, it is legally bound by its provisions. Thus, if a State Party is found to be in violation of these provisions, the European Court of Human Rights will render a judgement and oblige them to remedy the situation, e.g. through financial compensation to individuals affected.
Case law of national and European High Courts
As stated before, the judiciary plays a key role in enforcing and protecting social rights. They interpret the various (inter)national instruments that enshrine the fundamental social rights. It is, however, important to note that a court's ruling is in principle limited to a single and specific case. Explaining the effect of case law in EU and Member State legal systems is outside the scope of this Policy Pill. Suffice to say that, whilst there is legally speaking no rule of binding precedents in EU law, there is a de facto binding force of preceding judgements, as they show the court has ruled and interpreted the social rights and their scope in the circumstances and conditions specific to a particular case. Whilst legislators are not bound by these interpretations, diverging legislation is not likely to survive legal review.
Relation between the CFREU and the ECHR
Whilst the CFREU and the ECHR are two separate frameworks, they are interdependent. All EU Member States are bound by the provisions of both instruments. The EU Institutions, however, are legally speaking only bound by the provisions of the CFREU. Despite a duty to accede introduced by the Treaty of Lisbon in 2009, the EU (as an organisation) has yet to accede to the ECHR. Furthermore, whilst both instruments contain similar fundamental rights, the interpretation of these rights by their respective competent courts can differ. Article 52 (3) CFREU does state that where rights correspond to those in the ECHR, they have the same meaning and scope. Yet, the grey zone persists as the Court of Justice has declared in its case law that it is not bound by the judgements and interpretations of the European Court of Human Rights. Nevertheless, as a sort of ad hoc solution, the CJEU usually conforms its interpretation to those of the European Court of Human Rights.
Chapter 1: Equal opportunities and access to the labour market
EU citizens and the Pillar
No debate exists as to whether EU citizens are included in the personal scope of application of the Pillar. As a social compass for EU social policy, they are the logical and evident target group of the measures and improvements the Pillar seeks to bring about. It is important to remember, however, that EU citizens cannot rely on the principles of the Pillar to judicially enforce their social rights. This a key difference with the fundamental rights treaties and conventions.
EU citizenship
It is also possible for a Member State to have concluded bilateral agreements with third countries. The specific level of social protection then depends on the contents of this specific agreement. Whilst these agreements do not qualify as Member States implementing EU law, they are still affected by the social policy of a Member State and can thus be guided by the principles of the Pillar.
National labour migration instruments
EU level labour migration
The EU framework for labour migrants coming from a third country is a patchwork of different Directives that offer various degrees of social protection to TCNs. It includes:
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Identification
It is key to keep in in mind that the Pillar does not set out to create new social rights. It seeks to promote existing social rights and to support their recognition. It cannot be used as a substitute to Treaties and other tools establishing social rights. However, the Pillar plays a key role in the identification of new legislative initiatives that are needed for the effective realisation of social rights. Through the Social Scoreboard, social deficiencies and issues can become apparent. The Pillar is the guiding compass for what the solutions to these issues and deficiencies should look like. As such, the Pillar also helps identify the exact form of these solutions. It can help decide when a Directive is needed and when a Council Recommendation suffices. The Minimum Wage Directive, for example, expressly cites principles 6 and 8 of the Pillar in its Preambule.
In its 2025 Work Programme, the Commission announced a new Action Plan on the Implementation of the Pillar, which originally saw the publication of the new Action Plan by the end of 2025. This has, however, not happened. SOLIDAR will closely monitor the development of this Action plan and analyse its contents once it is published.
Chapter 1: Equal opportunities and access to the labour market
Key EU actions
National Constitutions
From an EU law-perspective, national constitutions are arguably the most important source of social rights, as they were the "inspiration" for the provisions of the various Treaties and Charters. The various social rights common to the Member States formed the blueprints of their international counterparts. Many national constitutions contain a separate chapter dedicated to the various rights and obligations the citizens of a Member State have. Whilst differences are possible in formulation and interpretation, many constitutions offer similar selections of fundamental social rights, as these are viewed as essential parts of the European DNA.
On 17 November 2017, the European Parliament, the Council and the Commission all approved the Pillar proposal at the Gothenburg Social Summit, after which it was also approved by the European Council in December 2021.
The Economic Semester
Whilst an in-depth discussion of the Eurozone is far beyond the scope of this Policy Pill, it is worth briefly highlighting how it fits into the bigger picture of economic governance. Eurozone Member States have additional reporting obligations and receive additional recommendations as a part of the Semester. Additionally, the Excessive Deficit Procedure can impose more strict sanctions under the so-called Two Pack and Six Pack Regulations. Eurozone countries also need to take other forms of economic governance into account, like the European Stability Mechanism.
Whilst the European Semester is the core of the economic governance framework of the EU, this framework is much broader than just the Semester. Economic governance is one of the pillars of the Economic and Monetary Union (EMU). The EMU also includes the measures that are part of the Stability and Growth Pact, which has both a 'preventive' and a 'corrective' arm. Various parts of the preventive arm also feature in the European Semester Cycle, like the national medium-term fiscal-structural plans. The main tool of the corrective arm is the Excessive Deficit Procedure, which can eventually lead to sanctions in the form of fines.
The Economic and Monetary Union
The Excessive Deficit Procedure
For a more detailed explanation of the Pillar, how it has been implemented so far and how it can be improved, we recommend the following sources:
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Role of the Pillar:
The Social Semester
Please note that the SIP has not actually been implemented. The Social Convergence Framework has been introduced instead, which is less ambitious, but similarly allows for monitoring the social progress of Member states more closely.
Social Scoreboard
The European Semester steers the direction of not just the budgetary and economic policies of the Member States, but also their social policies. Two of its key goals relate to the social dimension of the EU, namely ensuring convergence and stability in the EU on the one hand and coordinating and monitoring employment and social policies on the other hand. The coordination of Member State expenditure is meant to align this public spending with the European priorities, which includes the social dimension.
More effective list of indicators
Introduction of a Social Imbalances Procedure
Then President of the European Commission, Jean-Claude Juncker announced the Pillar for the first time in his 2015 State of the Union speech. The official announcement came on 8 March 2016, when the Commission published its Communication on the Pillar.
It is also possible for a Member State to have concluded bilateral agreements with third countries. The specific level of social protection then depends on the contents of this specific agreement. Whilst these agreements do not qualify as Member States implementing EU law, they are still affected by the social policy of a Member State and can thus be guided by the principles of the Pillar.
National labour migration instruments
EU level labour migration
The EU framework for labour migrants coming from a third country is a patchwork of different Directives that offer various degrees of social protection to TCNs. It includes:
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The European Social Charter
The ESC is a Treaty under the Council of Europe framework. It was originally established in 1961, but revised in 1996 and the Revised ESC entered into force in 1999. It is meant to supplement the European Charter on Human Rights and focusses on social and economic rights Whilst the provisions of a Treaty are binding once ratified, no enforcement mechanism exists. Instead, the European Committee of Social Rights is responsible for the monitoring of State compliance with Treaty provisions. It is however possible for a complaint to be lodged against a State Party for alledged non-compliance, which will then be examined by the Committee.
Chapter 1: Equal opportunities and access to the labour market
Interpretation
Whilst the Pillar does not create new social rights, it plays a pivotal role in the interpretation of existing social rights. It shows the progressive direction the EU social dimension is heading in and what is needed in that future. It can thus inform advocacy actions of Civil Society Organisations. The Pillar constitutes a commitment of the Union itself, to realise a more social Europe. Policies that deviate from this goal, and especially those that go against this commitment, should be called out. Social policy is a complex and multifaceted field, where a seemingly well-intentioned measure could lead to unintended consequences. CSOs are often the first to notice these negative consequences, as they work closely with those impacted, making their insight and output on these policies invaluable. By engaging in advocacy efforts informed by the Pillar, CSOs are able to help realise the future as envisaged in the Pillar, namely, of a more Social Europe with social rights for all. Their advocacy work highlights gaps and inconsistencies in the implementation of social rights in current policies. The output generated as a result of this advocacy work can also be used to back up legal claims before the European Court of Justice and National Courts. However, the Court of Justice itself can also rely on the Pillar for inspiration on how to interpret social rights in the contemporary context.
Third generation rights
A person who finds their freedom of speech limited by (e.g.) government censorship, can go to court to fight that censorship. The judge can then declare that individual censorship decision unjustified or illegal, without affecting government policy as a whole. The state is, however, obliged to remedy the censoring, (e.g.) by lifting it.
Freedom of speech
A person who (e.g.) qualifies for social housing, yet is forced to remain on a waiting list for years due to the unavailability of (adequate) social housing, can fight this injustice in court. A judge can then declare the current social housing policy in violation of the right to housing. However, a judge cannot decide what the new policy should be or that new houses should be build.
Right to Housing
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Chapter 3: Social protection and inclusion
SOLIDAR and the Semester:
SOLIDAR on the Semester: